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KNAUF v. ELIAS

742 A.2d 980 (1999)

327 N.J. Super. 119

Mitchell KNAUF, Plaintiff-Appellant, v. Jay Alan ELIAS and Thomas C. Hubbard, Defendants, and Joseph Barulich, Steven Florio and Anthony Spatafora, Defendants-Respondents.

Superior Court of New Jersey, Appellate Division.

Decided December 28, 1999.

Attorney(s) appearing for the Case

Drazin and Warshaw, for plaintiff-appellant (Steven L. Kessel, Red Bank, on the brief).

Maloof, Lebowitz, Connahan & Oleske, Chatam, for defendants-respondents Joseph Barulich and Anthony Spatafora (Rocco T. Casale, on the brief).

Waldman & Moriarty, Red Bank, for defendant-respondent Steven Florio (Andrew T. Walsh, on the brief).

Before Judges MUIR, Jr., and CUFF.

The opinion of the court was delivered by CUFF, J.A.D.

In this appeal we must decide whether a plaintiff must resort to R. 4:26-4, the fictitious party rule, before he can benefit from N.J.S.A. 2A:14-22, which tolls the statute of limitations when defendants do not reside in New Jersey or remove themselves from this state and they are not amenable to long-arm jurisdiction. We hold that plaintiff was not required to file a complaint utilizing the fictitious...

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